McIlhenny Co. Tabasco Pepper Sauce and Other Condiments

October 2018: A state court judge granted final approval of the settlement agreement.

March 2018: A state court judge preliminarily approved a settlement agreement that would resolve a false advertising class-action lawsuit against McIhenny Company. The March 2017 complaint alleges that the company misleadingly marketed condiments – such as Tabasco Pepper Sauce – as “Made in U.S.A.” when, according to the plaintiffs, the products contain ingredients that were manufactured, grown, or sourced from outside of the United States. According to the settlement terms, class members with proof of purchase may receive a full refund while class members without proof of purchase may receive a $2.50 cash award. In addition, the company agreed to remove the “Made in U.S.A.” reference from product packaging released in California after June 1, 2016 and from other advertising materials released in California after February 28, 2017. A final fairness hearing is scheduled for August 29, 2018. (Dowlatshahi et al v. McIlhenny Company, Case No. 2017-00911222, Superior Court of California – Orange County)

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